The Guides to Social Policy Law is a collection of publications designed to assist decision makers administering social policy law. The information contained in this publication is intended only as a guide to relevant legislation/policy. The information is accurate as at the date listed at the bottom of the page, but may be subject to change. To discuss individual circumstances please contact Services Australia.

3.6.7.45 Qualification for CA - carer & care receiver not co-resident

Summary

This topic covers the qualification criteria for payment of CA to a person (the carer) who is caring for an adult with a disability (the care receiver) in a private home not shared by the care receiver and the carer/s (that is, non co-resident).

Qualification (1.1.Q.10) criteria

To qualify for CA, a non co-resident carer must meet the criteria listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
ALL of the following:
Both the carer and the care receiver are Australian residents (1.1.A.330), AND 3.1.1.10 Residence requirements
the care receiver is a family member OR a person approved in writing by the Secretary as a care receiver (1.1.C.21), AND 1.1.F.70 Family member (CA (adult))
the care receiver has been assessed and rated under the ADAT (1.1.A.78) and given a score of at least 30, being a score calculated on the basis of a professional questionnaire score of at least 12, AND 3.6.9 Adult Disability Assessment Tool (ADAT)
neither the carer nor anyone else is qualified for CA for the care receiver under SSAct section 954, AND This topic
the care receiver receives 'care and attention' on a daily basis as defined in SSAct section 954A(2), AND This topic
the carer's work in providing the 'care and attention' is not at relevant minimum wages or above. 1.1.R.133 Relevant minimum wage (DSP, MOB, Partial capacity to work & CA)
The carer's ATI, and that of their current partner (where applicable), is below the $250,000 income test threshold. 3.6.7.32 Assessment of income for CA

Explanation: The above criteria mirror the criteria for co-resident carers (3.6.7.30) of an adult with a disability EXCEPT FOR the requirement that the carer and care receiver co-reside, the care and attention that the care receiver receives, the carer not being paid at relevant minimum wages or above, and the carer (nor anyone else) being qualified under the co-resident rules.

Act reference: SSAct section 954A Qualification for CA—caring for a disabled adult in a private home not shared by the adult and carer, section 954 Qualification for CA—caring for a disabled adult in a private home of both the adult and the carer

Policy reference: SS Guide 3.6.7.30 Qualification for CA

Neither the carer nor anyone else is qualified for CA for the care receiver under SSAct section 954

If a co-resident carer is qualified for CA under section 954 for a care receiver, it is not possible for that carer to be qualified for CA as a non co-resident carer under SSAct section 954A in respect of the same care receiver. In this situation the carer may only qualify for CA for the care receiver under section 954.

In addition, if a co-resident carer is qualified for CA under section 954, it is not possible for any other person, who is a non co-resident carer, to be qualified for CA under section 954A, in relation to the same care receiver. This is the case even if the non co-resident carer is providing the required care and attention to the care receiver.

If a non co-resident carer is receiving CA (under section 954A) and a co-resident carer claims and is subsequently granted CA (under section 954), the non co-resident carer is no longer qualified for CA and must be cancelled.

Act reference: SSAct section 954A(1)(g) neither the person nor anyone else is qualified for CA …

Care & attention as defined in SSAct section 954A(2)

To qualify for CA, the care receiver must receive the care listed in the following table. Where more detail about a criterion is required, the second column indicates where you will find this.

Criterion More detail
ALL of the following:
The care and attention must address special care needs:
  • that the care receiver is assessed under the ADAT as having, and
  • that relate to the care receiver's bodily functions or to sustaining the care receiver's life, AND
 This topic
the care and attention must be received by the care receiver on a daily basis, for a total of at least 20 hours per week, AND This topic
the care and attention must be received by the care receiver from the carer alone; or if sharing the care, by the carer together with another person who is also not being paid relevant minimum wages or above (1.1.R.133), AND 3.6.9 Adult Disability Assessment Tool (ADAT)
the care and attention must be received in a private home that is the residence of the care receiver or the carer but not a residence of both the care receiver and carer. If there are 2 non co-resident carers caring for the same care receiver, the required care and attention may be provided in either the care receiver's home, or in the home of either carer. 1.1.P.426 Private home of the carer and/or care receiver (CA)

Care & attention must address special care needs

To be eligible under the new rules, carers who do not live with the person being cared for will need to provide care and attention that address special care needs that the care receiver is assessed under the ADAT as having (that is, assistance with bodily functions and/or to sustain life).

Special care needs include assistance with bodily functions and care to sustain life. Assistance with BODILY FUNCTIONS includes:

  • MOBILITY, which may include assisting the person to transfer in and out of bed, moving around the home, negotiating stairs and positioning in their chair or bed
  • PERSONAL HYGIENE, including help with dressing and undressing, bathing and showering, grooming, and assistance with using the toilet
  • EATING AND DRINKING (hydration and nourishment), which may include cutting, mashing or juicing food so the person can eat it, feeding the person food and drinks and supervising the person to ensure that their food or drink is consumed
  • COMMUNICATION, this may include signing or interpreting for the person and assisting the person to use communication equipment, and
  • TREATMENT which may include helping the person take medication, changing dressings, applying bandages and operating and monitoring medical equipment.

CARE TO SUSTAIN LIFE includes supervision to prevent wandering, removing the person from dangerous situations and preventing the person from damaging property or injuring themselves or others.

Example: A daughter goes to her elderly mother's home to care for her mother every day. As her mother has chronic arthritis, she has difficultly getting around and undertaking basic tasks as her hands and feet are affected. Her daughter assists her with showering and dressing in the morning, feeding her breakfast and lunch, and helping her get around the house. All of these activities address her mother's special care needs and meet the requirements of the 'care and attention' definition, so they may be counted towards the daughter's minimum of 20 hours a week for CA qualification under SSAct section 954A.

Activities that DO NOT address the care receiver's special care needs (as assessed under the ADAT), and which do not relate to the care receiver's bodily functions or to sustaining their life, are not considered to be care and attention, for example, shopping, housework and travel time.

Example: Activities undertaken by the daughter such as travelling to her mother's house, reading a book aloud to her mother and making afternoon tea for her mother do not address her mother's special care needs as defined in section 954A(2) because they do not relate to her bodily functions or to sustaining her life. This means that these activities would not be 'care and attention' that could be counted towards the daughter's minimum 20 hours a week for CA qualification under section 954A.

Care & attention must be received by the care receiver on a daily basis, for a total of at least 20 hours per week

To qualify for CA a non co-resident carer must provide at least 20 hours of 'care and attention' to the care receiver per week. At least some of this care must be provided to the care receiver by the carer on a daily basis, that is, each and every day. There is no specified minimum level of care to be provided in a day. This requirement is as flexible as possible to help non co-resident carers balance work, families and caring as best they can.

Example: A carer might visit the care receiver every weekday morning for an hour to help bathe and dress the care receiver before work, then spend 15 hours on the weekend providing care.

If only one carer is qualified for CA (that is, not shared care), care provided to the care receiver by someone else besides the carer does not count towards the carer's requirement to undertake at least 20 hours of care a week. However, if the 2 carers would qualify as a shared arrangement because of the care they both provide but only one of them applies, the other carer's time counts towards the minimum 20 hours and the carer who makes the claim receives the full amount of CA.

If 2 non co-resident carers are both qualified for CA under section 954A in respect of the same care receiver (shared care), either or both of those carers must provide care to the care receiver every day. It is possible for one carer to provide the required care on some days, and for the other carer to provide the required care on the other days of the week, as long as at least one of them is caring for the care receiver on a daily basis, that is, every day. However, the total number of hours of care provided by the 2 carers together must add up to at least 20 hours a week. Each carer would receive a proportionate rate of CA.

Example: Two adult daughters share the care of their elderly father, who lives on his own. One daughter provides the required care and attention for 3 hours a day for 3 days per week, and the other daughter provides the required care and attention for 3 hours a day for the remaining 4 days per week. This combined care is provided every day of the week, and in total it adds up to more than 20 hours a week. In this situation each of the daughters may receive a proportionate rate of CA based on the amount of care that they each provide.

If care is provided to the care receiver by anyone else besides the 2 qualified carers, this may be counted towards the total of 20 hours a week required to be provided by both qualified carers combined, however, the payment can only be shared between 2 carers.

Where a non co-resident carer and a professional carer are both providing care to an adult with a disability, the care provided by the professional carer does not count towards the carer's requirement to provide at least 20 hours a week of care and attention. In order to be qualified for CA, the non co-resident carer must still provide care and attention on a daily basis, that is, every day, and this must be for a minimum of 20 hours per week in itself. This care is over and above any other care that is provided by the professional carer.

Act reference: SSAct section 954A(2) The care and attention …, section 981(2) If the Secretary makes a declaration … - see Note 1

Policy reference: SS Guide 3.6.7.47 Qualification for CA - verifying care provided by non co-resident carers, 3.6.7.110 Payability of CA - carers with shared care responsibilities

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